Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1887-10-21

is very evident that from these figures
that neither on the local traffic alone, nor
on that aud the joint rattle can first
class road be maintained. 1t is, therefore,
the right and we may say the duty of the
managers of the Central Vermont to oh.
tain and keep up a through business II
they can do 50 without injustice to the
local traffic and without violation OF
law.
No injustice is done to the local traffic
by taking through traffic at very low
rates, providing the doing so neither
makes the local traffic more EXPENSIVE
nor otherwise incommodeS it. The de
PENDANTS put in evidence to show, %
that the rates on local traffic are not ont
of proportion TO those charged on through
traffic +; it being very much more eXpen-
sive to handle an equal amount OF the
! former than OF the latter CO. that the
! through traffic is not carried at loss but
there are net gains from it in the aggre
gate exceeding those on the local and
joint traffic put together, and that it is by
means of these gains that the efficiency
of the road is maintained 81 that the
rates on the through traffic cannot be
materially advanced without losing it,
and, a. that the company cannot afford
to reduce the rates on the local traffic.
| There was strong evidence in support of
all these propositions We are entirely
satisfied that large through business Is
essential to this line if it is to continue
to be useful line even for local business.
| We are also satisfied that the people of
Vermont are largely interested in the low
rates on long-haul traffic, not only be-
cause to some extent they send mar u
featured articles to distant points, but
much more because Vermont relies very
largely on the West for grain, flour,
meats, and provisions 1t is highly pro-
bable that ii the people of the State pay
high rates on local traffic they are fully
compensated in the low rates on long
haul traffic. A board having full power
to adjust rates as circumstances should
seem to require might perhaps so hold.
But our power in this regard is restrict
ed by the terms of the law which abso-
lutely forbid a carrier ito charge or re.
ceive any greater compensation in the ag
gregate for the transportation of passen-
gers or of like kind of property under
substantially similar circumstances and
conditions for a shorter than for a longer
distance over the same line in the same
direction the shorter being included with
| in the longer distance This is the law
which governs our action, and it cannot
be departed from by us on considerations
of equity or of what would be for the in
| tereSt of parties concerned.
The controversy in the case, then, is
narrowed to this question: Are the cir
| cumstances and con itions under which
the greater charges are imposed on the
short haul traffic substantially dlsslmllar
to those under which the lesser charges
are imposed on the long haul traffic If
not, such greater charges are illegal, and
we have no authority to make them other
| wise.
The defendants undertook to show that
the circumstances and conditions were
substantially dlssimilar. The evidence
of the difference in cost was very justly
relied upon, for cost is a very important
condition to the traffic. This difference
fairly justifeS a considerable difference
in the rates, but we are not satisfied that
it will support, the difference actually
made.
The evidence, howevar, is entirely con
elusive that the competition which is
troublesome to the defendants is that OF
the Trunk lines. 1t is from -heSe that the
defendants demand the differentials, and
it is because they are possessed OF the
shorter lines that the dItferentials become
necessary. The defendants are compelled,
therefore, to make very low rates on their
through traffic This is "a necessity of the
situation. But it is 4 necessity which
exists wherever long and short lines COM
pete the long line must accept the rates
made by the short line, and perhaps make
concessions from them. In this respect
there is nothing peculiar in the position
of these defendants , there are roads in
every part of the country which can make
the same claim they do with the same
justice. 1t is a claim that could be ad
vanced wherever route, however cir
cuitOus, could be formed for long-haul
traffic. A line from Boston to Detroit,
for example might be formed by way Of
the Chesapeake and Ohio railway, and one
from Chicago to st, Louis by way of St
Paul. The greater the departure from
direct line. the greater would commonly
be the necessity tor low rates on through
traffic, and the greater the liability to
have the charges on the local traffic in
creased to make the carriage of througl
traffic possible. But, without enlarging
on this branch of the case, we content
ourselves with saying that such peculiar
facts are not found to exist in this case rs
will justify the greater charge over the
shorter line.
There remains for us only the duty to
make and issue the order which the facts
found require. The Central Vermont and
the other defendants concerned with it in
| interstate traffic between Boston and st.
Adams and Boston and Ogdensburg, re-
spectiveiy, including those points, must
wholly cease and deSist from charging or
receiving in respect to any part of such
tra1lic greater compensation for trans
portation of a like kind of property for
shorter than for a longer distance over the
same line in the same direction, the short
er being included within the longer dis
lance. In performing this duty we Meth
er do nor with propriety can express Opin-
ion upon the intrinsic reasonableness or
justice or the rates heretofore imposed,
except to this extent, that we do not think
it was shown by the evidence that when
the local tariffs are made to conform to
the letter of the law as above directed
they will be unreasonable.
In this opinion all concur.
The decision thus announced is regard
! ed, we think, by the commission as per-
haps the most important one that they
have rendered. 1t is stated, on the part
of the road. since the decision that the
local business over the Central constitutes
not over six per cent of the tonnage car
ried and that the proportion of local
business is so small upon which reduc-
| ton of rates is to be made, that the
changes required under the rulings of the
commission will not appreciably effect the
earnings. If this is so it is not easy to see
why the road resisted the petition of the
Vermont farmers. One thing is certain.
the people of Vermont will be none the
worse off IN consequence of the reduced
rates on local freights and if the road can